02-174 Chapter 31 page 3

02 DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION

174 BOARD OF BOILERS AND PRESSURE VESSELS

Chapter 31: INSPECTORS

Summary: This Chapter establishes requirements for initial and renewal licensure of Inspectors in addition to those established by 32 M.R.S.A. § 15108-A.

1. Qualifications for Licensure

To qualify for an Inspector’s license, an applicant must:

A. Application. Submit an application to the Board on a form provided by the Board;

B. National Board Examination. Submit a copy of his or her current, valid National Board Commission;

C. Employment. Submit written proof that the applicant is employed by the state regulatory body having jurisdiction over boilers and pressure vessels or an insurance company licensed to insure boilers or pressure vessels in this State;

D. Maine-Specific Examination. Obtain a grade of at least 80% on a Maine-specific examination administered by the Board; and

E. Fee. Submit the application fee.

2. Eligibility for Examinations

A. National Board Examination. To be eligible to take the National Board examination in Maine, a person must:

(1) Satisfy the qualifications specified by the National Board’s Rules for Commissioned Inspectors (approved April 26, 2003); and

(2) Submit an application to take the examination on a form provided by the Board.

B. Maine-Specific Examination. To be eligible to take the Maine-specific examination, a person must:

(1) Submit an application together with the fee on a form provided by the Board. An applicant who fails to appear for a scheduled examination without notifying the Board before the examination forfeits the examination fee;

(2) Submit a copy of his or her current, valid National Board Commission; and

(3) Submit written proof that the applicant is employed by the state regulatory body having jurisdiction over boilers and pressure vessels or an insurance company licensed to insure boilers or pressure vessels in this State.

3. Renewal of License

A. Expiration. All Inspector licenses expire 1 year from the date of issuance.

B. Eligibility for Renewal. Applications for renewal of an Inspector’s license must be on forms provided by the Board and must be accompanied by:

(1) Satisfactory written evidence of employment by the state regulatory body having jurisdiction over boilers and pressure vessels or an insurance company licensed to insure boilers or pressure vessels in this State;

(2) Satisfactory written evidence of a current, valid National Board Commission; and

(3) The fee established by the Director.

A license may be renewed up to 90 days after expiration upon payment of a late fee in addition to the renewal fee.

4. Reinstatement of License

A. More than 90 Days but Not More than 2 Years. An individual who fails to renew an Inspector’s license for more than 90 days but not more than 2 years from the date of expiration may reinstate the license without taking the examination required by Section 2, paragraph A. To reinstate, an individual must file a new application for renewal and pay the application fee, license fee, and penalty as set forth in the Office of Licensing and Registration Rules Chapter 10, “Establishment of License Fees,” Section 4, Subsection 9.

B. More than Two Years. An individual who fails to renew an Inspector’s license for more than 2 years from the date of expiration may obtain a new license by satisfying the requirements of Title 32, Chapter 131, and of Section 1 of this Chapter.

5. Licensure Conditioned

An Inspector’s license is valid only during the time that the licensee:

A. Is employed as an Inspector with the state regulatory body having jurisdiction over boilers and pressure vessels or as a Inspector with an insurance company licensed to insure boilers or pressure vessels in this State; and

B. Holds a current, valid National Board Commission.

An Inspector’s license is no longer valid if the Inspector: (i) is no longer employed by the state regulatory body having jurisdiction over boilers and pressure vessels; (ii) is no longer employed by an insurance company licensed to insure boilers or pressure vessels in this State; or (iii) no longer holds a current, valid National Board Commission.

6. Duties of Inspectors

A. An Inspector has the right to refuse an inspection on any object which is not properly prepared for inspection or is deemed unsafe to inspect.

B. In addition to other duties imposed by Title 32, Chapter 131, these rules, or the applicable code specified in Chapter 11, Section 1 of these rules, all Inspectors must perform all required inspections in accordance with the requirements of this Chapter.

C. In addition to other duties imposed by Title 32, Chapter 131, these rules, or the applicable code specified in Chapter 11, Section 1 of these rules, Inspectors other than the Chief Inspector or Deputy Inspector must:

(1) Inspect only boilers or pressure vessels that are insured by their employer;

(2) Immediately, and in any event not later than 24 hours after becoming aware of the condition, report to the Chief Inspector any unsafe condition involving a boiler or pressure vessel. Notification to the Chief Inspector must include: (1) the boiler Inspector’s name and telephone number; (ii) the location and registration number of the boiler or pressure vessel; (iii) the name of the owner; and (iv) the nature of the unsafe condition. The boiler Inspector must provide to the Chief Inspector any additional information requested by the Chief Inspector regarding the unsafe condition of the boiler or pressure vessel.

(3) If an inspection of a newly insured location reveals conditions that result in the insurance company’s refusal to insure a boiler or pressure vessel, the Inspector must submit to the Board a written report describing in detail each such condition within 10 days after becoming aware of the condition or condition(s); and

(4) Report to the Chief Inspector any boiler or plant at which:

(a) The boiler operator or stationary steam engineer holds no license or holds a license of a lower class than required by 32 M.R.S.A. § 15109; or

(b) The attendance requirements of Chapter 32 Section 5 of these rules are not being met.

AUTHORITY: 32 MRSA § 15104-A and § 15108-A.

EFFECTIVE DATE:

January 15, 2005 – filing 2005-30